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South Dakota Codified Laws
Title 26
Chapter 26-7A
S.D. Codified Laws ch. 26-7A
Juvenile Court
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26-7A-1
Definition of terms.
26-7A-2
Original jurisdiction of dependency and delinquency proceedings--Effect of custody award in prior divorce proceedings--Application of Indian Child Welfare Act.
26-7A-3
Venue of dependency and delinquency proceedings--Transfer of proceedings.
26-7A-4
No costs or fees assessed against abused or neglected child--Assessment to parents or guardian--Fees permitted against supervised or delinquent child.
26-7A-5
Proceedings in best interest of child.
26-7A-6
Liberal construction for protection of child.
26-7A-7
Interference with court orders as contempt--Punishment.
26-7A-8
Court services officers--Appointment--Duties.
26-7A-9
State's attorneys to represent state and Department of Social Services--Exemption.
26-7A-10
Preliminary investigation by state's attorney--Authorized procedure on basis of investigation.
26-7A-11
Requirements for referral for informal adjustment or action.
26-7A-11.1
Criteria for referral for informal adjustment or action.
26-7A-12
Temporary custody by law enforcement officer or court services officer without court order.
26-7A-12.1
Child in possession of firearms on school property may be taken into temporary custody.
26-7A-13
Court-ordered temporary custody--Noticed hearing--Without noticed hearing.
26-7A-13.1
Hearing by intake officer.
26-7A-13.2
Delivery of juvenile to temporary custodian.
26-7A-14
Temporary care of child by caretaker designated by court--Limitation of temporary custody--Release.
26-7A-15
Notice to parents, guardian, or custodian of child taken into temporary custody--Notice of hearing--Information to Indian custodian or designated tribal agent--Failure to notify.
26-7A-15.1
Proceedings under certain chapters to which the Indian Child Welfare Act applies--Procedures.
26-7A-15.2
Form of notice to parent, custodian, or Indian tribe of child custody proceeding.
26-7A-15.3
Designated tribal agent defined.
26-7A-16
Child held until released by court.
26-7A-17
Notice to state's attorney of child taken into temporary custody--Written report--Notice to court.
26-7A-18
Temporary custody hearing--Best interests of child--Conducted telephonically.
26-7A-19
Options of court following temporary custody hearing for abused or neglected child.
26-7A-19.1
Preference for placement of abused or neglected child with relatives after hearing.
26-7A-19.2
Action by division when relative desires to take temporary or permanent placement of abused or neglected child.
26-7A-20
Release of child in need of supervision after temporary custody hearing--Exceptions.
26-7A-21
Release of delinquent child after temporary custody hearing--Exceptions.
26-7A-22
Temporary custody not an arrest.
26-7A-23
Temporary care, shelter, or detention facilities maintained by board of county commissioners.
26-7A-24
Intercounty contracts for use of facilities.
26-7A-25
County to care for children pending adjudication.
26-7A-26
Detention in jail with adult prisoners prohibited for abused or neglected child--Temporary detention--Detention with adults for child transferred to adult court.
26-7A-27
Police records of children taken into temporary custody--Confidentiality.
26-7A-28
Release of information on identity of child prohibited except by court order or when child adjudicated delinquent offender.
26-7A-29
Release of information to persons, agencies, or facilities with legitimate interest in child.
26-7A-30
Rights of child and parents, guardian, or custodian--Representation by attorney--Motion for new hearing--Appeal.
26-7A-31
Court appointed attorney--Compensation.
26-7A-32
Lien against property of parents for payment of court-appointed attorney--Exceptions--Limitation.
26-7A-32.1
Definition of terms regarding competency of juvenile.
26-7A-32.2
Incompetent juvenile not subject to chapters 26-8B or 26-8C.
26-7A-32.3
Raising issue of competency.
26-7A-32.4
Competency examination.
26-7A-32.5
Suspension of proceeding pending competency determination.
26-7A-32.6
Examiner's report.
26-7A-32.7
Competency determination hearing.
26-7A-32.8
Burden of proving competence.
26-7A-32.9
Statements by juvenile during competency evaluation not admissible.
26-7A-32.10
Competency may be revisited upon transfer to adult court.
26-7A-32.11
Procedure upon finding that juvenile not competent to proceed but probably will be competent in foreseeable future.
26-7A-32.12
Procedure upon finding that juvenile not competent to proceed and probably will not be competent in foreseeable future.
26-7A-33
Priority in scheduling hearings and trials.
26-7A-34
Conduct of hearings.
26-7A-35
Record of hearings.
26-7A-36
Hearings closed unless court compelled otherwise--Exceptions.
26-7A-36.1
Attendance at juvenile hearings by crime victims.
26-7A-37
Persons authorized to inspect or receive copies of records of court proceedings.
26-7A-38
Protection of identity of witnesses--Violation creates cause of action for civil damages--Contempt.
26-7A-39
Compulsory process for attendance of defense witnesses.
26-7A-40
Witness fees and expenses.
26-7A-41
Physical and mental health examination--Placement in suitable facility--Report.
26-7A-42
Court-ordered protection, support or dental, medical or surgical treatment--Parental consent--Costs.
26-7A-43
Petition alleging abused or neglected child, child in need of supervision or delinquent child--Required information--Verification.
26-7A-44
Summons--Unknown parties--Contents.
26-7A-45
Failure to appear before the court--Contempt.
26-7A-46
Hearing on petition upon waiver of notice.
26-7A-47
Service of summons.
26-7A-48
Publication of summons--Affidavit or certificate of publication.
26-7A-49
Warrant issued against parents, guardian, or custodian.
26-7A-50
Apprehension of child on warrant--Promise of parent, guardian, or custodian to produce child at hearing.
26-7A-51
Failure to produce child at hearing as contempt.
26-7A-52
Bond to secure court appearance of child in need of supervision or delinquent child.
26-7A-53
Appearance and answer by interested parties--Failure as default--Petition taken as admitted by default.
26-7A-54
Advisory hearing before adjudicatory hearing.
26-7A-55
Petition admitted to by all parties--Dispositional hearing--Petition not admitted to--Adjudicatory hearing--Interim order for temporary custody.
26-7A-56
Rules of procedure and evidence apply to adjudicatory hearings--Rules for other hearings prescribed by court.
26-7A-57
Discovery--"Respondent" defined--"Child" defined.
26-7A-58
Inspection by respondent or child of statements made by any respondent or child.
26-7A-59
Request for copy of prior order of adjudication or final decree of disposition.
26-7A-60
Right to inspect, copy, or photograph books, papers, documents, photographs, tangible objects, buildings, or places.
26-7A-61
Right of respondent or child to inspect, copy, or photograph results or reports of physical or mental examinations and scientific tests or experiments.
26-7A-62
Inspection of internal documents of state prohibited--Exceptions--Inspection of statements of state's witnesses prohibited--Exceptions.
26-7A-63
Statement of state's witness or prospective witness not subject to discovery until witness has testified.
26-7A-64
Examination upon request of statement by state's witness relating to subject matter of witness' testimony.
26-7A-65
Excise of nonsubject matter related material from witness' statement to be produced--Appeal.
26-7A-66
Witness' testimony struck from record upon state's attorney's election not to deliver statement to respondent or child.
26-7A-67
"Statement" defined.
26-7A-68
State's attorney may inspect, copy, or photograph documents or objects in possession of respondent or child.
26-7A-69
State's attorney's right to inspect, copy, or photograph physical or mental examination results and reports of scientific tests or experiments.
26-7A-70
State's attorney prohibited from inspection of internal documents made by respondent or child or attorneys in connection with case.
26-7A-71
Notice of additional evidence.
26-7A-72
Court order upon discovery motion.
26-7A-73
Failure of party to comply with discovery provisions.
26-7A-74
Depositions--"Respondent" defined--"Child" defined.
26-7A-75
Depositions only as provided by statute or rule--Motion by party due to exceptional circumstances.
26-7A-76
Notice of deposition--Right of child or respondent to be present--Waiver.
26-7A-77
Manner of taking and filing deposition--Examination and cross examination.
26-7A-78
Deposition enclosed, sealed, and endorsed--Transmitted to county clerk.
26-7A-79
Use of depositions.
26-7A-80
Objections to deposition testimony or evidence--Basis.
26-7A-81
Deposition by agreement of parties not precluded.
26-7A-82
Adjudicatory hearing following advisory hearing--Support of evidence.
26-7A-83
Evidence considered at adjudicatory hearing--Appearance of party preparing reports and materials used as evidence.
26-7A-84
Order to amend petition.
26-7A-85
Child with mental illness or intellectual disability--Suspension of hearing--Examination.
26-7A-86
Final order when allegations not supported by evidence--Additional findings and conclusions for abused or neglected child--Appeal.
26-7A-87
Adjudication subject to intermediate appeal--Dispositional proceedings--Interim dispositional decree.
26-7A-88
Examination, investigation, and reports of adjudicated child before final disposition.
26-7A-89
Continuance of case--Custody of child pending disposition--Term of continuance.
26-7A-90
Evidence heard at dispositional hearing--Interim decree--Final decree.
26-7A-91
Notice of entry of order of adjudication or final decree--Service of publication.
26-7A-92
Guardian of placed child.
26-7A-93
Placement subject to availability of space.
26-7A-93.1
Repealed
Repealed
26-7A-94
Provisions for payment of custodial care costs.
26-7A-95
Parents' duty to support child--Costs of custodial care payable on demand.
26-7A-96
Acceptance and expenditure of additional funds for custodial care costs.
26-7A-97
Order or decree of guardianship of child--Certified copy as authority for custody--Social studies, clinical reports, and other information transmitted with order.
26-7A-98
Order for payment of, or reimbursement for, support to guardian or conservator or institution--Reasonable payment--Security and enforcement of order--Modification.
26-7A-99
Order of wage assignment for support of child--Discovery of employment--Disobedience as contempt.
26-7A-100
Conservatorship of estate of child.
26-7A-101
Period of continuation of guardianship or conservatorship--Application for new guardian or conservator, restoration to parents or discharge of guardian or conservator.
26-7A-102
Jurisdiction of court.
26-7A-103
Court order for report by guardian or institution.
26-7A-104
Review dispositional hearing to remove guardian or institution or restore child to parents.
26-7A-105
Child not disqualified from public office, civil service, or military service--Not a criminal conviction.
26-7A-106
Proceedings not admissible in criminal or civil action against child.
26-7A-107
Order of protection--Authorized provisions--Termination, modification or extension of order.
26-7A-107.1
Provisions for violation of order of protection.
26-7A-107.2
Violation of order of protection as a misdemeanor.
26-7A-108
Modifying or setting aside order or decree--Hearing required on probation violation or change in legal custody.
26-7A-108.1
Suspension of probationary period under certain conditions.
26-7A-109
Petition for modification or termination of custody decree on change of circumstances.
26-7A-110
Petition for new hearing on ground of new evidence.
26-7A-111
Interstate compacts not affected by provisions.
26-7A-112
Rules of procedure govern appeals--Notice to attorney general.
26-7A-113
Sealing records in action involving abused or neglected child--Inspection.
26-7A-114
Sealing records in action involving child in need of supervision--Inspection.
26-7A-115
Sealing records in action involving delinquent child--Inspection.
26-7A-115.1
Victim of human trafficking or sexual exploitation--Expungement of delinquency record.
26-7A-116
Distribution of copies of order sealing records--Inspection of sealed records.
26-7A-117
Maximum age for which committed.
26-7A-118
Parent or guardian required to appear at certain hearings.
26-7A-119
Repealed
Repealed
26-7A-120
Confidentiality of records.
26-7A-121
Repealed
Repealed
26-7A-122
Court discharge of child from Department of Corrections--Restoration to parent, guardian, or custodian or change in placement--Resisting discharge.
26-7A-123
Department of Corrections to file periodic report on child in custody--Contents of report.
26-7A-124
Judicial review of report--Court may issue show cause order against department.
26-7A-125
Graduated sanctions and incentives program for responding to probation violations.
26-7A-126
Law enforcement treatment as juvenile cited violation--Procedure--Report to state's attorney.
26-7A-127
Action by state's attorney for juvenile cited violation.
26-7A-128
Admission or denial of alleged juvenile cited violation--Procedure.
26-7A-129
Judgment on juvenile cited violation.